IN THE CASE OF:	  

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080006309 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Combat Infantryman Badge and the Purple Heart.   

2.  The applicant states, in effect, that while in Korea, he was assigned to a tank unit and infantry unit.  Later in Korea, the tank that he was on was hit by a bomb and he was thrown from the tank and bruised all over his body.  He now wishes to be awarded the Combat Infantryman Badge and the Purple Heart.  He was never given these awards as he did not wait around after he was discharged.  

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty on 6 April 1951, with prior military service.  He was trained as a Combat Construction Foreman, in military occupational specialty (MOS), 1729.  He completed 11 months and 8 days of foreign service.  He was promoted to sergeant   (SGT/E-5) on 6 June 1952.  He continued to serve until he was released from active duty on 5 January 1953.

3.  The applicant's DD Form 214 shows he was awarded the Korean Service Medal with two bronze service stars, and the United Nations Service Medal.  His DD Form 214 does not show any additional awards.  

4.  Item 4 (Component and Branch or Class), of the applicant's DD Form 214, shows AUS (Army of the United States) UNASGD (unassigned) and item 28 (Most Significant Duty Assignment), shows the entry Co (Company) D, 10th ENGR (Engineer) BN (Battalion), 3rd DIV (Infantry Division).

5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces), of the applicant's DD Form 214, shows the entry "NONE."

6.  There are no orders in the available records to show that he was awarded the Combat Infantryman Badge

7.  The applicant's name does not appear on the Korean War Casualty File. 

8.  There are no orders in the applicant's reconstructed service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action while serving in Korea.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an 


infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by military medical personnel, and the medical treatment must have been made a matter of official record. 

DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.

2.  The applicant claims that while in Korea, he was assigned to a tank and infantry unit and wishes to be awarded the Combat Infantryman Badge.  His DD Form 214 shows that he served as a Combat Construction Foreman, in MOS 1729, and that his most significant duty assignment was Company D, 10th Engineer Battalion, 3rd Infantry Division.  There is no evidence, and the applicant has provided none, to show that he held an infantry specialty, that he served with an infantry unit, that he served in actual ground combat, and that he personally came under fire during his service in Korea.  Therefore, there is insufficient evidence to support an award of the Combat Infantryman Badge.  

3.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

4.  The applicant claims that while he served in Korea the tank that he was on was hit by a bomb and he was thrown from the tank and bruised all over his body and he now wishes to be awarded the Purple Heart; however, he has provided no evidence that he was wounded as a result of enemy activity.  The applicant provides no evidence, medical or otherwise, to support his claim.  The applicant is therefore not eligible for award of the Purple Heart and to have it added to his DD Form 214.


5.  There are no orders awarding the applicant the Purple Heart, he is not listed on the Korean War Casualty File, and there are no medical records available to 
show that he was treated for a wound that he may have received as a result of hostile action.  Therefore, there is an insufficient basis upon which to approve award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________x_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080006309



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ABCMR Record of Proceedings (cont)                                         AR20080006309



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